Legal Protection for Online Taxi Bike Drivers in The Transaction of Go-Send Application (Perspective Maqashid Al-Shariah)

Abstract

One of the advantages in the current disruptive era is at providing a convenient transaction of delivering a package through an online application. With regard to this, it emerges a delivery transaction of a package from one party to another in different locations through a Go-Send application. This kind of transaction, however, resulted in a consequential problem when the name of a package received by buyers does not same with what it was previously ordered in the application. Indeed, it can be driven to a criminal offense when the package is prohibited by laws in Indonesia (for instance: narcotics or bomb). The results of the study find that laws in Indonesia have not provided a protection to Go-Send drivers yet. Law Number 11 Year 2008 on Electronic Transactions as it was amended in Law Number 19 Year 2016 on the amendment of the Electronic Transactions Act 2008 is not able to provide a legal protection to online taxi bike drivers (Go-Send drivers). Accordingly, this article suggests the legislature and PT Go-Jek Indonesia to establish new regulations in order to ensure the protection of parties in the online transaction of a package delivery.